Michael has practiced for more than 30 years in the areas of environmental law, natural resources law, adjudication, acquisition, transfer, and defense of water rights, and federal and state administrative law. He represents clients in Takings Claims against the United States, involving water and grazing rights. Michael is the lead attorney in a defense class action case involving more than 4,500 water rights owners. He also represents one of the largest irrigation districts in the State of Nevada.
Michael has extensive experience with hazardous waste, wetlands laws, NEPA, CEQA, Superfund, Clean Air, Clean Water, Safe Drinking Water, Endangered Species Acts, and California's Proposition 65. Under the Clean Water Act, he represents both governmental and private entities sued by citizens groups for alleged violations of storm water and effluent discharge permits. Under Proposition 65, he successfully represented multiple defendants in challenging test methods for detection of lead in plumbing products. He has resolved numerous Proposition 65 cases for companies both inside and outside California without resorting to litigation.
Michael served as chief of environmental law for several Department of Defense organizations. He was the primary environmental law advisor to five major maintenance complexes. He also served as Assistant General Counsel for the Strategic Defense Initiative Organization of the Department of Defense. He is a retired Air Force Officer.
Representative Work
San Francisco Baykeeper v. City of Milbrae. Citizens group alleged thousands of violations of the federal Clean Water Act. Successfully negotiated Consent Judgment favorable to the City that incorporated ongoing upgrades to City's sanitary sewer system into court approved agreement.
California Sportfishing Protection Alliance v. Matheson Tri-Gas, Inc. Citizens group sued industrial facility for alleged violation of its stormwater discharge permit. Case is ongoing.
Truckee-Carson Irrigation District. Representing the largest irrigation district in Nevada in ongoing litigation against the United States and various entities over water rights on the Carson and Truckee Rivers in California and Nevada. Cases involve endangered species, wetlands, federal water decrees, federal Reclamation Act, Indian Tribe trust obligations, and federal contract law.
White Collar Criminal Case. Lead counsel for five defendants in criminal indictment against a political subdivision and its officers accused of falsifying official reports to a federal agency. Case was resolved with full dismissals of all defendants based on motions to dismiss filed by the defense team.
Friends of Hope Valley v. Frederick Company. Case involved assertion of a public easement under California law over a 700 acre parcel in Alpine County. Case was voluntarily dismissed just before trial based on defense evidence that would prevent plaintiff from proving a continuous easement for five years across the entire parcel.
Publications
"California Supreme Court Decides 30 Day Statute Of Limitations Applies To Determination That No Environmental Review Is Required Under CEQA," Water Law Alert (February 2010)
"California Court of Appeal Reaffirms Traditional Common Law Formula For Determining Boundary Lines Between Littoral Land Owners," Water Law Alert (Feb. 2010)
"California's Proposition 65: The Environmental Long-Arm Statute's Effect on Industry," Environmental Alert (Fall 2008)
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Presentations
"Federal Criminal Enforcement Issues and Recent Takings Cases," Northern California County Counsels' Association (July 2011)
"Securing Water Rights in the Face of Environmental and Water Supply Concern: Making Secure Water Rights and Restoration Co-Equal," California Water Law Symposium (January 2011)
"California Environmental Quality Act 101," Nevada Bar Association (November 2010)
"Federal Criminal Enforcement Action Against Political Subdivisions And Other Governmental Entities On The Rise?" ACWA Continuing Legal Education for Water Law Professionals Conference (September 2010)
"Water Rights – Hage v. United States," State Bar of Nevada (June 2009)
"Hage v. United States: Lessons Learned in the Western Water Rights Clash with Federal Agencies," Nevada Water Resources Association (February 2009)
"The Evolution of Water Rights Transfer Law in the 9th Circuit Court of Appeals," co-presenter, Water Rights Sales and Transfers in California Seminar, Lorman Educational Services (July 2008)
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Press
Sanctions Denied where Disposal Allegation Is Supported by Circumstantial Evidence," Toxics Law Reporter (August 2011)
"Ninth Circuit Rules Approved Wetlands Jurisdictional Determination by Corps Not Final Agency Action Under APA and Not Reviewable," California Water Law and Policy (October 2008)
"Victory at Pine Creek," Range Magazine (Fall 2008)
Honors
Litigation Counsel of America, Fellow
Northern California Super Lawyers (2004-2006)